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Judgment
Leave granted. Heard counsel for the parties at length.
This is a case where the land is alleged to have been acquired under the provisions of the Land Acquisition Act by the Government but after the acquisition the original bhumidhar/landholders had sold the land to the complainants who are the appellants in the present case. The appellants filed a complaint against Respondents 2-7 herein under Sections 420/448/34 of the Indian Penal Code. The trial court took cognisance and framed the charges under the said sections. Respondents 2-7 then filed a revision petition which was allowed by the Additional Sessions Judge whose decision was upheld by the High Court. We have gone through the orders of the Additional Sessions Judge and the High Court which do not contain any reasons. We find that this is not a fit case where the revisional jurisdiction should have been exercised in quashing the charges which had been framed. It was irrelevant as to whether the sellers were bhumidhars or not: what was material was that at the time when the land was sold did they have any right, title or interest to sell the land. Prima facie, the land which was sold was already acquired and their right, title or interest stood extinguished and it is on this basis that the complaint was filed under the aforesaid sections of IPC.
We, therefore, allow this appeal, set aside the judgment of the Additional Sessions Judge as well as that of the High Court and restore the order of the trial court which shall now proceed with the trial of the case as expeditiously as possible.